(A) Provided for utilities. Easements of at least 20 feet wide, centered on rear and other lot lines as required, shall be provided for utilities where necessary as recommended by the City Engineer. Where underground utilities are being installed, a ten-foot wide front or side yard easement may be required.
(B) Provided for drainage. Easements shall be provided along each side of the centerline of any watercourse or drainage channel, whether or not shown on the Comprehensive Plan, to a sufficient width to provide proper maintenance and protection and to provide for stormwater runoff and installation and maintenance of storm sewers.
(C) Dedication. Utility and drainage easements shall be dedicated for the required use.
(D) Trails. Trail easements shall be provided as required by the City Council in compliance with the Comprehensive Plan.
(E) Scenic easements. Scenic easements shall be required on slopes of 18% and greater, wetlands, drainageways and other lands and soils judged to be fragile by the soil conservation service, with the exception of driveways over human-made slopes that were created by the construction of roads or related ditches, and that extend only perpendicular to the road for a horizontal distance of 30 feet or less. Scenic easements also shall be required on slopes greater than 12% if the land is unbuildable or heavily wooded and would be affected adversely by development. The easements shall be required as a condition of subdivision approval, and shall prohibit the following activities: Dumping, burning, grading, grazing of domesticated farm animals, vegetative cutting in excess of prudent forestry practices as approved by the Forestry Division of the state’s Department of Natural Resources, motorized vehicles, construction of any structure including driveways. The scenic easements shall be recorded against the affected lots in the subdivision.
(1) The city shall have the right to reasonable access to easement areas to verify compliance with the restrictions, and to cross adjacent lands in common ownership with the easement area to obtain access.
(2) A scenic easement prohibits the owner from engaging in harmful activities in the area subject to the easement, but does not grant the general public any right of access to the land.
(Prior Code, § 12-1384) (Res. 1997-16, passed 6-17-1997; Ord. 1997-13, passed 9-22-1998) Penalty, see § 160.999